Thursday, December 15, 2011

I received an anonymous tip that deserves some treatment.
When one is laid off from their law firm job or never finds one to begin with, there are very few options. You could put out a shingle, like I did--but that requires experience. If we know anything from the past couple years, law schools don't promise you that you will be able to actually practice when you graduate (nor a job or a prospect at getting one). So, you're usually stuck living in your parents basement and racing to send your resume to various recruiters for temporary projects that pay $22 to $35 an hour with no overtime. Even those are hard to come by.
Another little known option is per diem work. Per diem work entails making court appearances for status conferences and defending depositions for little to no money. The work can be sporadic and stressful as you're often given many conferences in different courtrooms in one county. Imagine you have 4 conferences on in Kings County Supreme Court (all in different court rooms) and then another at Civil Court (a different building) at the same time. It happens. And for all of that running around, my tipster tells me that she gets $75 dollars for the first appearance and $35 for each additional conference, assuming that each conference is an hour. Otherwise, your rate is discounted. Sounds bad, but not horrible---right?

Well, apparently, there's a guy in New York by the name of D_______ V______ (I'm kinda afraid to use his real name, but the initials are intended as a warning for people seeking employment with him) that makes his per diem attorneys sign a contract that states that they can expect payment in three months--but never after three months. If you make yourself available, he will send you to court every single day to do per diem work for many firms in New York. And you are enticed to go because you could earn $500 a week at a minimum and the catch is that you have to wait to be paid. But, get this, he won't pay you for at least 3 months. Then, when you ask for the money--he sends you about $300 or $400 dollars! After three months of busting your hump for about $100 a day! So, basically, he carries a balance of thousands of dollars with you and you have to hassle the shit out of him to get paid.
Here's the real kicker. The excuses that he uses for non-payment, according to the tipster, he says that paypal is not working, he's sick, he had a death in the family, food poisoning, non-payment by the firms that contract with him, he's got bills too... the list goes on and on. And every time he pays, you'll only get $300 a pop. And if you stop working for him, God Forbid--you'll never get paid.
Scum of the scum. And the REAL asshole move is his contract, which specifies that any fee disputes must be dealt with in arbitration. It takes about $700 to file for arbitration. So, you've worked hard for 3 months and you're not likely to get that money and you have no outlet to fight for it.
So, we're living in The Jungle by Upton Sinclair for lawyers. The capitalist pigs take advantage of poor underemployed lawyers and they sink deep into poverty. Lawyers are poor. It's sad. I've actually dropped off on posting because I feel like a broken record repeating the message that is now out there. Law school is for suckers. I still cringe when I hear people say that is what they are doing, but I can't fix stupid.
It's out there and it's on you if you think you're so special that you'll be different. Our parents have raised us incorrectly. When I was a child, the star of the soccer team got a trophy. About 15 years ago, I noticed that all children on the team get trophies. We're not all winners. Some people are the cream of the crop, and the rest of us are just trying to make it. Get real, people.

76 comments:

I have been tempted to stop blogging as well. However, when I think of all those people who have been screwed over a coffee table - and the filthy pig "professors" who have made a financial killing off of them - I am renewed to fight on.

I hope everything is well with you. I love reference to Upton Sinclair's The Jungle. However, Jurgis Rudkus at least had the balls and the ability to physically attack his oppressors. Plus, he did not spend seven years in academia - and end up with six figures in non-dischargeable debt - in order to work in meat packing plants.

D__ V__ is not the only asshole like this! I used to do contract work (primarily brief-writing) for a real see-you-next-tuesday. To make a long story short, when I finally Had Enough and quit, she stiffed me--and now apparently(*) is suing me for defamation and other ridiculous shit after I finally turned her over to collections.

(*)I say apparently because I've moved abroad, which she knows--and she claims she is suing me in the state where I no longer live and serving by publication. So I don't really know for sure and, as I am judgment-proof, I don't really care.

Angel, it is good to see you back! I wish there WAS some way to fix shortsighted--because I have not been very successful in my attempt to dissuade a beloved younger relative from law school. She's smart but really poor and a prime candidate for a six figure loan burden. It breaks my heart--not only the knowledge of what probably lies ahead for her, but also that I have to be the big meanie raining on the parade.

There is one way to deal with vermin such as D___ V____. Lawyers hate when their reputation is tarnished through the media. Any lawyer that has been fucked over by D____ V____ should contact Seven on your Side or Arnold Diaz and have that "employer" featured on "Shame on You." If the tipster is being truthful, then describing his shameful conduct is not defamatory. Also, I am not a labor law attorney but I would not be surprised if some federal labor laws are being violated here.

People like D___ V____ give this profession a bad reputation. Then again, this "profession's" reputation is already in the shitter (except in Hollywood where portrayals of lawyers are exaggerated in terms of earning power, prestige and lifestyle that comes with it).

OMG, the per diem situation is even worse now than it was about 7 years ago when I did it. Back then, I would charge $100 an appearance. The going rate is down to $75.

As for D V what a piece of shit. Nobody in their right mind would agree to working with those terms. I usually got paid within a couple of weeks because I worked with lawyers that I knew personally. What a sad situation...

My God! You people are supposed to be lawyers! What would you do if a client walked into your office, having been the victim of a similar scam?

First, you might send them to the Department of Labor. Guess what? If you are not a salaried employee, most of the labor laws do apply to this situation, including wage and hour. Most states also impose penalties for not paying employees within 3 days.

Second, don't let the crap scare you. He may toss your agreement at you. But guess what? If you defraud someone, those agreements are not valid. Make him spend time and money litigating. And make sure to ask for a substantial amount of punitive damages. In discovery, get a listing of everyone who has done unpaid work for him, and maybe start a class action.

Another thing, there is such a thing a a lawyer's lien. It varies from state to state. When you appear at a status conference, defend a deposition, or make any other appearance in the case, you become an attorney of record.

One approach would be to send a letter to the client you were doing work for, as well as the law firm representing them, demanding payment. File a lawsuit against the client and the hiring law firm.

1) ORGANIZE. Get together with other victims over wine and maybe cheese, and talk things over. Point one on the agenda: assign various tasks to various people, such as filing claims against DV, reporting him to the disciplinary bodies, keeping up the publicity on blogs, contacting the news media, contacting the law firms from which DV gets these assignments in the first place, etc. etc.

2) DO THINGS. Spend at least 15 minutes each and every day on at least one of the activities mentioned under 1). Every day, at least fifteen minutes. I once knew a well-known writer who told me the secret of his success: he does a small amount of work, but he does it every single day. No exceptions. Those 15-minute stints add up, tremendously, as that man told me.

I am also a victim of Doug Viviani. I am following the suggestion above and starting a group to discuss how to proceed against him. If you have done any per diem work for him, please contact me at: new1k@yahoo.com. Thanks.

This is Douglas Viviani. If you have any outstanding balances due to you that have not bee paid, please send me an email with the amount due and it will be paid withint 30 days. I have never meant to not pay anyone. I am one person and could have made mistakes. Why not contact me directly about the money due so I can resolve this matter immediately and in good faith. I sincerely apologize for any accounting errors but I assure you, this all was not intentional. You have my email I'm sure. Thank you.

Also, I need to clarify Angel's assertions about the fees and contract that is signed.

First, all the fees are disclosed before any work is done. No one is forced to sign the contract and work. We are all attorneys. I would assume that the attorney who signs the contract has read it and knows the terms.

As for disuptes, I have had no disputes presented for arbitration, as once I hear I have made an error, I move to resolve same in good faith and pay what is due. Regardless, presenting to the American Arbitration association is a valid option and the fee is split between the parties. Interest and fees could also be awarded at the binding Arbitration as well. So I don't see how this is so onerous.

As for the fees are concerned, I split the first appearance with the attorney 75% of what I recieve. That means I receive 25% of the fee. For that 25% or in most cases $ 25, I am cultivating the client, advertising for clients, gathering daily work, making sure all the necessary documents are forwarded to the covering attorney, doing the accounting and collections from the clients, putting together payments and sending same. The attorney receives an email asking if they are free, if they are they receive a package by email with attachments and instructions. They appear and report back. I don't see how this is unfair or onerous. They are free to work with other firms that they can cultivate and they are also free to tell me where they wish work and will receive work in that location that day so they can make more money.

As for the second case, we split % 50 - % 50. They are already in that location and I have been the one to cultivate the work, which is the most difficult aspect of this business. The usual situation is an attorney will be in one location for about 1.5 - 2 hours with three cases and make $ 150 for same. This is not unusual and a fair rate for per diem work.

If you dont' wish to work for that fee, that is your choice, but to complain about it second hand, not even knowning the particulars of the situation is not fair.

There are two sides to every story, as we all know as attorneys. I would repsectfully suggest that my side be viewed before such nasty and vile comments are said about me and my business.

As I have said already, if there is any dispute about payment, I am more than willing to hear you and pay what is due. I am human and can make mistakes in this regard, but always correct my errors.

I have asked New1@yahoo.com for his/her name and what he/she feels is due on this blog and by separate email, but as of new I have not heard a word. I have posted on this blog a request for anyone that claims to be owed money to send an email to me, but have not heard. To make this even easier, my email is perdiemviviani@aol.com.

PLEASE, if you feel you have money due to you, just send me an email and it will be addressed.

Anonymous claiims and comments such as those listed in ths blog deny me of due process or any information to defend myself. As attorneys, I am condident you will agree that this is also not fair and without honor.

Bottom line, I agree that in these very difficult economic times, being an attorney is very difficult and work is scarce. I DO provide work and payment therefor to attorneys in these difficult times. It may not be a lot of money, and take time to be paid, but it is an opportunity for an attorney to learn or stay sharp with their skills (I have provide many attorneys with information and guidance as to how to handle their various assignments) to build up their own practice in the afternoon after working for us in the morning, and provides some income to help with life.

I look forward to your reply and discussion of this situation if you wish. But what I most care about is for those of you who say you are owed money, to email me and I will correct the situation once it is confirmed.

First of all, I never said that Douglas Viviani is the person about whom the tipster contacted me. At least one other name with those initials was offered in the comments. Secondly, I am press and not the courts, so I do not owe anyone due process. I have done posts that were far more scathing and specific in the past. I don't feel that I owe those people due process either. Nonetheless, I am happy that you have taken this opportunity to defend yourself(who you perceive this post to be about) and reach out to those that are seeking payment. I hope that you can wipe the slate clean and reconfigure the way you do business to account for the fact that you are human and your per diem attorneys have bills to pay that can't wait. Lastly,I make no assertions, if you read the post, you will see that I published the assertions of a tipster. It's incumbent upon my readership to evaluate the veracity of the post.Maybe this post can serve to push a resolution between all per diem companies and their soldiers. Everyone can stand to improve their business model.

Angel, maybe in the future, if you sa you are "the press", you can reaach out to me before you post this and find out the other side of the story so you can publish an accurate account of what is transpiring. Don't you thinkt the press have some obligation in that regard?

I have tried to reach out but the posts or anonymous and I have recevied NO reply from anyone by email, nor from the one email listing new1K... I am very concerned about this situation as I never want an attorney to do work for me and not be paid. However, due to the anonymous nature of the post and the failure of anyone to email me at present anyway, I am powerless to resolve any situation that may exist.

Shouldn't you know who you have to pay and not pay? Why do people have to chase you down for money. it's already demeaning working as a lawyer for pretty much everyone.. and it's a whole new low to have to chase your money down. What is wrong with you?

How can I know who claims to be owed money when they are anonymous? huh? My records have people paid and being paid. As such, I have no idea who is claiming not to be paid.

SENDING AN EMAIL REMINDING OR ASKING FOR A MISSING PAYMENT IS DEMEANING? WHAT IS WRONG WITH YOU??????????????????? IT IS NOT DEMEANING, IT IS A ONE SENTENCE EMAIL.

Whats wrong with YOU or anyone who can't send a note to me rather than complain anonymously? Makes NO SENSE. No one has to chace me down for money. I answer each and every email in a courtous and efficient mannor. I can NOT know who I owe or who this is, if you don't email me.

Just EMAIL ME who you are and I'll address this properly, rather than have to stay up and night guessing who is claiming to the world that I owe the money!

Have you ever been accused of something that is not true on a BLOG that directly relates to your business? People makins claims against you, anonymously and refusing to email you to discuss and resolve any alleged problems? I have no way of knowing who this is and what is the problem and am VERY frustrated...I'm the one looking like an ass becuase I use CAPS? Right.

ONCE AGAIN, ANYONE WHO CLAIMS NOT TO HAVE BEEN PAID BY ME, EMAIL ME SO I CAN RESOLVE.

It's been awhile since I read one of these blogs, they seem to be slowing down. I lost my JDU password so I won't be on there either.

To everyone that is still struggling as an attorney: there is no rule that says you have to stay an attorney. I joined the military. My pay is low even by doc review standards, and I do give up freedom, but for me this works out well. I get my three squares a day and a place to live pretty much no matter what happens. I don't work in JAG as I was done with law before I joined.

You don't have to join the military like I did, but there are quite a few other similar type options. There is a Peace Corps that a few of my friends joined out of college, then after doing that for a few years they wound up getting jobs they liked back at home.

Don't feel like you are stuck in a field because you have that debt or you aren't qualified for anything else. Don't let the establishment bully you into making yourself more miserable than you have to be.

Just don't pay your loans, lots of people do not pay debts. What are they going to do exactly to you? Call you up and annoy you? Just don't give them your number, list some other company's number and let them call them. Throughout history people have been poor and just had to survive. Lots of people don't pay rent in this economy and then wait to be evicted. It's hard to evict people, it takes months.

I know one guy that just dodged his college debt for years until the SOL passed. They don't actually chase as hard as you'd think. But more and more young people are leaving the US now, just go and start over like many of our previous generations had to. Whatever you do, don't give up on yourself.

Good luck to everyone. Times are tough now, but they're tough pretty much all over the world. You guys should see how poor parts of Asia and the Middle East are, you would probably never complain again about how you have it. At least out in the US you don't see kids kidnapped and then physically maimed and crippled and forced to be beggars. I've seen children with their arms cut off, eyes poked out, genitals slashed off, this type of stuff happens but people in the US are never told it happens.

Why are people coming to this blog to discuss the fact that they are not being paid ??? If you were paying them, why would anyone do this???? Something is not right here. Obviously they are frustrated and they have tried talking to you. The fact is that I have also heard very negative things about you from other attorneys. You do not pay your attorneys from what I heard..When you do pay, it is a small sum and many months later as the OP states. You have just come here and posted just to save face. Seriously.

I'm not trying to make any legal accusations or be sued, but from watching a lot of American Greed I can tell you that when one runs a business...

where investors (i.e. per diem lawyers) are gathered (i.e. hired) to donate money (earn money for boss) with the hopes of earning it in the future (being told that you'll be paid in 3 months)... its usually a ponzi scheme.

I too am a victim of Viviani. Don't work for him. Everything he states here is a lie. He will find every excuse in the book not to pay you. He will ignore you when you ask for payment. You will not be paid period.

This string is great, it’s about time DV was called to the mat. Also, the world gets to also see what type of scammer DV is - his appearance here is like a desperate attempt to pay off someone so he can keep negative online content down while he continues to swindle the 99% of those who have worked for him. He does not need to know your name because he owes everybody. Actually, I’m stunned he’s not on Ripoff report yet. That’ll be fixed.

Be innovative and take your law degree to another country-- even better, one that is Growing. Remember, in the "long-run" competition leads profits to zero. There is no reason to compete in an environment that is over-saturated. Be dynamic and innovate.

here are a list of cases from ecourts wherein viviani was sued:CV-017341-04/NY (Lisa De Lindsay)CV-025921-10/RI (Matthew Lenza)CV-054672-10/QU (Suzanne Myron)CV-099226-05/KI (Sebastian Papaleo)CV-006203-04/NY (Jason Pascal & Nancy Wasserstein)CV-043078-04/NY (Stephanie Roker)CV-041054-11/NY (Lawrence Schwartz)CV-029142-06/NA (Settlement Systems)you can see the long-standing practice of playing reindeer gamesi personally know of another attorney who i met by chanceshe was the one who brought this website to my attentionafter i aired my grievances and she hers about doug's nonsensethe actual number of aggrieved attorneys & clients is higher

I handled appearances for this creep DV also and yes I feel as if I could have written this article too, as well as many of the comments by the other unlucky lawyers who have made the mistake of working for this BS artist. Extremely difficult to get paid by this guy. I think he's basically looking to exploit struggling lawyers who are desperate for work. I hope enough per diem lawyers read this blog and avoid the terrible mistake of getting with DV.

In fact, avoid these per diem service attorneys as a rule. Better off doing work for a few law firms, if you can. You'll get paid better and quicker.

I love it when he tells you he will pay you "this weekend" and then it become "this week" after no payment is received on the weekend and then "next week" after you get no payment that week...He keeps prolonging. He is a true con artist.

And then the excuses. So unbelievable. At one point, he told me the economy sucks so he can't pay me. Really?

Since the blog bagan I have been able to hear from a few attorneys who were not paid by me in error and I have paid them. Rather than just blog about this, why not send me a note by email and I'll get you paid.

Don't work for this guy! You will not get paid! He will stall you and violate the agreement at every turn. Eventually he hopes that you will just give up the fight trying to get paid so he can keep the money he owes you. He will tell you he is doing you a favor by providing you the work but it's the money we all need not "the work." Everything negative that has been said about Viviani on the this blog has turned out 100% on target for me unfortunately.

... and he keeps posting on craigslist and the like ... somebody needs to warn those who are being duped into employment for this character ... poor bastards don't even realize ... i wonder what his clientelle would think of his ... "ethics" ... or lack thereof ... hmmm ... now there's a thought ... so long as it were reported to them in a factual manner supported by documentation ... perhaps billing records?

He paid me every dime he owes me with the majority of it before the 90 day period was up. I believe that problems occur with a bunch of you getting paid in a timely fashion because I think he may be overwhelmed keeping track of so many transactions between himself and his clients and himself and the attorneys that appear for him.

I saw Doug Viviani cover an EBT himself in the Bronx. And he lives on Long Island. So things must be getting rough for him. And yes, he owes me money as well. I cannot believe the absolute ineptitude of this man.

I thought that you were an arrogant, selfish, and boorish bully when you were my classmate at Half Hollow Hills High School East and West Hollow Junior High School. It seems that this behavior has trickled into your adult life. God will judge you for this horrible behavior. All I can do is pray for your salvation because you are heading to a very warm place.

I'm confidentially attempting to gather plaintiffs to sue him. He is not paying - please email lawsuitdviv@hotmail.com and lets take some action. We should at least bring him before the bar. Please send a confidential email to that address and lets get in contact.

Add me to the list of attorneys that have been swindled by Douglas Viviani. The thing that really kills me about this particular scam is that we bust our ass to get his work done and expend our own funds in gas and tolls to do it only to then come the realization that this money is like chasing ghosts. And his M.O. is identical in everybody's case:1. throw tons of appearance work at you in the beginning;2. pays you nothing till you finally say something;3. then pays you a couple/few hundred dollars when you are owed thousands;4. Shamelessly violates his own written contract at every turn;5. GOES OFF ON YOU IN A CAPS RAISED RANT WHEN YOU SEND HIM A STERN EMAIL THAT YOU WANT YOUR MONEY PURSUANT TO THE AGREEMENT;6. Turns the whole thing back aroung on you and tells you he is terminating the agreement;7. You never hear from him again, he keeps your money and moves on to swindle the next unsuspecting/starving attorney for as long as he can until he has to repeat the above.

CHECK YOUR 1099 FORM. He reported a false amount on mine and refuses to change it. I think he does it on purpose so he can report less income. He sent me an "incorrect" amount thru paypal, then pulled it back. Now he's claiming that amount as my income.He thinks he's going to get away with this by ignoring me, but I'm legally going after him with full force.If this has happened to you, email me @screwedbyviviani@hotmail.com

I was treated the same way by this POS Viviani. Everything other attorneys have written on here is exactly what I went through. When I asked for payment (after being patient for three months), he sent me a little over $200. When I objected, he claimed that his whole family had some BS virus and put me off longer.

All of his emails use CAPS, multiple question marks and exclamation points and little smiley faces ( ;) ). He's a huge piece of shit.

I only took assignments when things were slow when I first went out on my own in 2004/2005.

It was the same thing. He sent me a few $400 checks. Then I would rattle the cage, get another one.

At the end, keeping track of 35 and 50 appearances took too much effort, so I stopped working for him. I would say I got paid on 60-70%.

His trick is you'll bill him and he'll send a lump sum check, without really being clear what cases it covers.

I did a couple of bigger appearances, a return on a warrant in criminal, that type of stuff, which he stiffed me on. His claim was he wasn't getting paid by the firm. I think that's BS, because a few weels later he would send me something from the same firm.

Maybe he's changed his ways, but I wouldn't count on it. I am not sure he so much dishonest as a little wacky and has trouble keeping track of evertyhing.

You're better off just running an ad on craigslist.com, setting up a PayPal account, and doing it yourself.

So glad I type the fax number into Google's search engine and found this blog. I almost responded to an article in the classified section of the New York Law Journal on Monday, July 29, 2013, which read as follows; "PER DIEM ATTORNEYS, Appear in court as a Per Diem Attorney. All courts. Regular work and pay. Fax resumes to: 718-233-4192." There was no name, no address, no email and no telephone number. This man is still out there trying to recruit more victims.

I currently do per diem appearances for 3 honest attorneys. The solo pays immediately and the two other firms solicit per diem exclusively and take at least a month to pay, but they do pay in full. I'm in court everyday almost, but the problem is I can never seem to get more than one case ("stacking"). Stacking is difficult b/c nobody locks you in until end of business the night before (sometimes as late as 10pm!).

$75 - $100/day is not enough to survive on with top 20 law school loans. I got into this bit because I thought I could work my way up to at least $370/day. I've been running all over four of the five boroughs for over a month and have less than $2,000 to show for it. Almost nothing left after Metrocards, tolls, gas, parking, coffee and lunch (starving b/c you sleep through breakfast after printing and studying court docs late at night; can't pack hot lunch b/c no microwave access at courts and you need a hot meal when you're on this hustle).

Hey! I actually have resorted to doing a bit of per diem... but I have made it survivable. Because I don't do it exclusively. It comprises about 1/5 of my billables. You have to get away from thinking that anyone is going to pay you. Focus on building your own clients and practice area and take per diem work to supplement that. After all, you'll be out by 12 latest. So, use the afternoon to work on your stuff! You can do it!

The universe of per diem Ponzi scheme firms should, in my view, be broadened to include Samson Freundlich, Esq. A/K/A "Per Diem Services, Inc." He demands payment up front fro the client law firms that retain his services. Then, he systematically racks up backlogs of outstanding fees due the per diem attorneys he assigned to in fact do the work, while using the overdue monies owing one attorney to pay the next. He then trickles out just enough money to avoid litigation all the while diverting the balance of the outstanding sums due assigned attorneys over to his own pocket. Your reference to "D__V__"was immediatiately understood as Viviani. I, too, had the distinct displeasure of handling a few (any is more than too many) assignments for this individual. In my case, he just simply avoided any and all requests and communication for payment until I began pursuing payment from his client-lawfirms that contracted him. Then he paid.

I came across this blog as I wanted to know whatever happened to Douglas Viviani as I was sure he was disbarred by now. I worked for Doug in 2004. He owed me over $1,500 and I had to constantly threaten him before I received any payment from him. He eventually paid me $500 of the monies he owed me and I moved on. He constantly gave me excuses on why I wasn't receiving payment. People, this guy is a sleazeball. Do not work for him!!